09-24-1996 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL M~ETING
SEPTEMBER 24, 1996
A regular meeting of the City Council of the City of Clermont was held Tuesday,
September 24, 1996 in the Council Chambers at the Police Department. The meeting
was called to order at 7:30 p.m. by Mayor Pool with the following Council Members
present: Mayor Pro Tem Norquist, Council Member Dupee, and Council Member
Cole. Other City officials present were City Manager Saunders, Finance Director
Van Zile, Planning Director Harker and Deputy City Clerk Whitlock.
INVOCATION
The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of
The Pledge of Allegiance to the Flag by all present.
IVIINLrFES
The minutes of the Regular Council Meeting held September 10, 1996 and the Special
Council Meeting held September 12, 1996 were approved as presented.
CITY MANAGER SAUNDERS' REPORT
752-754 E. Broome Street Demolition
City Manager Saunders stated that the Code Enforcement Board has ordered the
demolition of 752-754 E. Broome Street and three quotes have been received for
demolition, with the low bid recommended, as follows:
96-207
Boykin Enterprises, Inc.
William Dawson
Dornall Settlemires
$7,980.50
$8,250.50
$5,537.50
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to award the low bid of
$5.53Z50 to Dornall Settlemires for demolition of 752-754 E. Broome
Street and directed the Ci~_ Attorney_ to place a lien on the property_ in
that amount.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 2
.75 MGD Sewage Treatment Plant Change Orders
City Manager Saunders stated the .75 MGD sewage treatment plant is nearing comple-
tion and a walk-through is scheduled later in the week. He recommended approval of
Change Order No. 4 for Fabco Constructors, Inc. in the total amount of $19,893
which includes several items, including a chlorine contact chamber pipe, pilot holes
for monitoring wells and line-items such as clearing and grubbing, excavation and
backfill and sodding. $234 is also included as a deduction for not installing a culvert
pipe. The total contract is $949,938.50, (the original estimate was $1.2 million).
96-208
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve Change Order #4
in the amount of $19,893 for Fabco Constructors, Inc.
CITY ATTORNEY BAIRD'S REPORT
City Attorney Baird stated that he has been requested to release a construction easment
for sidewalks in the Emerald Lakes Mobile Home Park. The sidewalks have been
constructed. City Manager Saunders stated there is no further need for an easement.
96-209
A motion was made by Council Member Norquist, seconded by Council
Member Cole, and carried unanimously to direct Ci~_ Attorney Baird to
release the Emerald Lakes Mobile Home Park sidewalk easement.
PUBLIC HEARING
1996-97 Ad Valorem Millage Rate - Resolution No. 913
City Manager Saunders stated the proposed millage rate is 2.979, the same rate as the
last four years. This millage rate represents a 2.48 % increase over the rolled back
rate. Mayor Pool read Resolution No. 913 in its entirety and opened the Public
Hearing. No questions were asked and Mayor Pool closed the Public Heating.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 3
96-210
A motion was made by Council Member Cole, seconded by Council
Member Dupee. and carried unanimously by roll call vote to adopt Res,
No, 913 setting a millage rate of 2.979forfiscal year 1996-97.
1996-97 General Fund Budget - Resolution No. 914
City Manager Saunders stated that Resolution No. 914 will adopt the fiscal year 1996
budget for the General Fund which provides for the basic tax supported services of the
City. This includes police and fire protection, maintenance of streets and sidewalks,
parks and recreation, fleet maintenance, street lights, animal control, legal services
and administration. Also included in this fund are monies for special activities such as
the library, Chamber of Commerce and recreation and beautification projects.
Mayor Pool read Resolution No. 914 by title only and opened the Public Hearing. No
one spoke in favor of or in opposition to the General Fund Budget and Mayor Pool
closed the Public Hearing.
96-211
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously by roll call vote to adopt
Resolution No 914.
1996-97 Infrastructure Fund Budget, Resolution No. 915
City Manager Saunders stated that the fund receives and disburses revenues received
from a county-wide lC sales tax which has been collected since 1987. Mayor Pool
read Resolution No. 915 by title only and opened the Public Heating. No questions
were asked and Mayor Pool closed the Public Hearing.
96-212
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No 915.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 4
1989 Sales Tax Fund Budget, Resolution No. 916
City Manager Saunters stated this is the Sales Tax Bond Fund referred to in
Resolution No. 915. The fund receives revenues and disburses the revenues for
payment of the bond which is part of the infrastructure bond program. Mayor Pool
read Resolution No. 916 by title only and opened the Public Hearing. No comments
were made and Mayor Pool closed the Public Hearing.
96-213
A motion was made by Council Member Norquist, seconded by Council
Member Cole and carried unanimously by roll call vote to adopt
Resolution No, 916.
1996-97 Water Fund Budget, Resolution No. 917
City Manager Saunders stated that Resolution No. 917 is the 1996-97 Water Fund
Budget. It is an enterprise fund and the revenues generated will cover the expenses
and any capital outlays for the water fund. Mayor Pool read Resolution No. 917 by
title only and opened the Public Hearing. No questions were received and Mayor
Pool closed the Public Hearing.
96-214
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 917.
1996-97 Sewer Fund Budget, Resolution No. 918
City Manager Saunders stated 'that this is an enterprise fund and the budget accounts
for the sewer fund revenues and expenditures. Mayor Pool read Resolution No. 918
by title only and opened the Public Hearing. Mayor Pool closed the Public Hearing.
96-215
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No, 918.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 5
1996-97 Storm Water Fund Budget, Resolution No. 919
City Manager Saunders explained that the storm water fund is an enterprise fund that
accounts for revenues and expenditures for the storm water budget. A grant of
$215,000 from Lake County Water Authority for the Central is included in the budget
for the Central Business District storm water project. This project will eliminate all
run-off into Lake Minneola from East Avenue to West Beach. Mayor Pool read
Resolution No. 919 by title only and opened the Public Hearing. No questions were
received in regard to Resolution No. 919 and Mayor Pool dosed the Public Hearing.
96-216
A moa'on was made by Council Member Dupee, seconded by Council
Member Cole and carried unanimously by roll call vote to adopt
Resolution No. 919.
1996-97 Sanitation Fund Budget, Resolution No. 920
City Manager Saunders stated that this is an. enterprise fund that accounts for the
revenues and expenditures for the sanitation department which provides garbage, trash
and recycling service. Mayor Pool read Resolution No. 920 by title only and opened
the Public Hearing. No questions were received and Mayor Pool closed the Public
Hearing.
96-217
A motion was made by Council Member Cole, seconded by Council
Member Norquist and carried unanimously by roll call vote to adopt
Resolution No. 920.
1996-97 Cemetery Perpetual Care Fund Budget, Resolution No. 921
City Manager Saunders stated that this is a perpetual care fund. All cemetery lot sales
go through this fund and only dollars from interest are used to maintain the cemetery.
Mayor Pool read Resolution No. 921 by title only and opened the Public Hearing. No
comments were received in regard to Resolution No. 921 and Mayor Pool closed the
Public Heating.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 6
96-218
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 921.
VISITORS WITH BUSINESS
Community Care - Resolution g911
City Manager Saunders stated that this is a request for a Conditional Use Permit to
allow the temporary operation of a Community Care and Rehabilitation Center in the
commercial portion of the Edgewood Lake planned unit development. Mayor Pool
read Resolution No. 911 by title only and stated that the request requires that a Quasi-
Judicial hearing be held and that anyone wishing to speak in favor of or in opposition
to the request must be sworn in. City Clerk Van Zile swore in Carol Bodarni, 10501
N. Crescent Lane, Clermont.
Carol Bodarni stated that they are in the process of obtaining approvals for a new
building. They want to begin operation as soon as possible at a temporary site in the
Edgewood Lake development.
City Manager Saunders stated that the business would include an adult day care
facility along with the rehabilitation center. The Edgewood Lake planned unit
development location would allow this type of use as a conditional use. Surrounding
land uses include commercial and professional to the north and south, and multi-
family to the west. The applicants have been granted a Conditional Use Permit for
the construction of a new facility in the Central Business District which is proceeding
with permitting, etc. The Planning and Zoning Commission and staff recommend
approval with the conditions stated in Resolution No. 911.
96-219
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 911.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 7
UNFINISHED BUSINESS
Resolution No. 924 - General Fund Budget Amendments for 1995-96
City Manager Saundcrs stated that Resolution No. 924 will amend the current year
general fund budget to reflect the additional funds that have been expended or
approved by the Council throughout the year that were not originally included in the
current year budget. Mayor Pool read Resolution No. 924 by title only and opened
the public hearing. No comments were received and Mayor Pool closed the public
hearing.
96-220
A motion was made by Council Member Norquist, seconded by Council
Member Cole, and carried unanimously by roll call vote to adopt
Resolution No. 924.
Resolution No. 925 - Sewer Fund Budget Amendments for 1995-96
City Manager Saunders stated that Resolution No. 925 will amend the current year
sewer fund budget to reflect the additional funds that have been expended or approved
by the Council throughout the year that were not originally included in the current
year budget. Mayor Pool read Resolution No. 925 by title only and opened the public
hearing. No comments were received and Mayor Pool closed the public heating.
96-221
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 925.
Resolution No. 926 - Sanitation Fund Budget Amendments for 1995-96
City Manager Saunders stated that Resolution No. 926 will amend the current year
sanitation fund budget to reflect the additional funds that have been expended or
approved by the Council throughout the year that were not originally included in the
current year budget. Mayor Pool read Resolution No. 926 by title only and opened
the public hearing.
hearing.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 8
No comments were received and Mayor Pool closed the public
96-222
,4 motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously by roll call vote to adopt
Resolution No. 926.
Franchise Agreement - Sumter Electric Cooperative, Ordinance #316-M
City Manager Saunders stated that the Council previously approved 316-M granting a
franchise agreement to Sumter Electric Cooperative. Some minor language
amendments have been requested by Sumter Electric which do not change the intent of
the agreement and we recommend the Council's approval of the following:
Page 2, Section I, the definition of Adversely Affected has been amended to
place minimum losses of $15,000 on base revenues with the Grantee, but not
less than $1,000 loss for the Grantor. This definition relates to Retail Wheeling
which is described on Page 4, Section 5 B.
Page 4, Section 5 C, the last line on the page which relates to a new Franchise
payment which shall apply to the second full month following the date when a
different Franchise payment has been determined.
Page 7, Section 10 B, Item 3 has been eliminated.
Page 8, Section 14 C, the words "by revenue account" have been deleted
regarding the type of statement that must be supplied to the City.
Mayor Pool read Ordinance No. 316-M by title only and opened the public hearing.
No comments were received and the public hearing was closed.
96-223
,4 motion was made by Council Member Norquist, seconded by Council
Member Cole, and carried unanimously by roll call vote to approve the
amended Ordinance No. 316-M.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 9
South Lake Refuse - Revised Contract for Kings Ridge
City Manager Saunders stated that Council previously approved an agreement with
South Lake Refuse for garbage collection in the Kings Ridge subdivision. Minor
revisions to the agreement were made which have been reviewed by South Lake
Refuse who has indicated final acceptance. The agreement is for one year with the
specific responsibilities outlined.
96-224
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve the revised one-
year contract with South Lake Refuse for Kings Ridge.
NEW BUSINESS
Resolution//922 - Tax Exemption Ballot Question
City Manager Saunders stated that if the tax exemption is approved by Clermont
voters, it will be an incentive to attract new business to the area. Florida Statute
196.1995 enables municipalities to place before the voters an Ad Valorem tax
exemption referendum which would grant the Council the authority to exempt new and
expanding businesses from property tax on improvements to the real property.
Resolution No. 922 contains the specific language that must appear on the ballot and if
the Referendum passes, the City Council could exempt from property taxes up to
100% of the ass~essed value of new improvements for up to ten years. The City would
still receive taxes from the existing land and any improvements that are on the land
prior to the granting of the exemption. Any applications for the exemption would be
considered on a case by case basis by City Council and would be subject to public
hearings. The exemption will be available to industrial and manufacturing businesses,
creating new jobs. Retail, commercial, and service industries do not qualify for this
type of exemption. Lake County and three or four other cities in Lake County are
also placing this on the November 5 ballot.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 10
Mayor Pool read Resolution No. 922 by title only and opened the public heating.
Greg Homan asked if the same regulations will apply wherein no assistance is
available if you build space and lease to businesses. City Manager Saunders stated the
law is very clear and that situation would not meet the State's criteria.
96-225
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 922 which will place the Tax Exemption Referendum on
the November 5, 1996 ballot.
Resolution No. 923 - Amending the Personnel Policy of the City of Clermont
City Manager Saunders stated that the proposed changes were discussed with the
Council at the last workshop meeting and pertain mainly to the procedures for drug
testing. The most significant change is regarding post-accident testing. In the past a
mandatory drug test was required following any accident with the employee not
returning to work until test results had been received. Page 5,//3 amends this
mandatory post-accident testing to be required only when an accident involves a
fatality or when the City employee is determined to be at fault. Reasonable suspicion
must accompany any other post-accident testing. Resolution No. 923 will adopt these
changes and amend the City's Personnel Policy.
Mayor Pool read Resolution No. 923 by title only and opened the public hearing. No
comments were made and the public hearing was closed.
96-226
A motion was made by Council Member Norquist, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 923.
Plat Approvals
City Manager Saunders stated that Lennar Homes has requested plat approval for
Huntington, Phase II and Brighton phases subject to bonding and other required items
to be incorporated on the plats.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 11
Mayor Pool advised that the plats were available for review at the front table.
96-227
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve the plats subject to
receiving the bond and the remaining items to place on the plats.
Investment Policy
Finance Director Van Zile stated that approval is requested of a formal investment
policy which will allow the City to invest in areas other than Certificates of Deposit or
in the Local Governments Surplus Funds Trust Fund. Without the adoption of a
formal policy, the City is restricted under new legislation in investing the City's
funds. The following amendments have been made since the Council reviewed the
proposed document at the last workshop: Page 6, Section C-2: The maximum amount
of the portfolio that can be invested in Certificate of Deposits has been changed from
30% to 50%. Section 3 regarding any one issuer has been changed from 10% to
25 %. No other changes have been made. This will give the City the flexibility to
take advantage of greater potential earnings on our investments.
96-228
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to adopt the Investment Policy_.
Investment Advisory Agreement with Public Financial Management, Inc.
Finance Director Van Zile stated that the proposed Investment Advisory Agreement
with Public Financial Management, Inc. was discussed with the Council at the last
workshop. The only amendment since the workshop is on Page 2, the 5th line has
been amended to eliminate the ability of PFM to give instructions to our depository
for payments for the securities. All payments must be authorized by the City.
96-229
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve the Investment
Advisor_ Agreement with Public Financial Management, Inc.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 12
Funds Custody Agreement with SunTrust Bank
Finance Director Van Zile stated an agreement is needed so that SunTrust can be our
third-party custodian for the investments that the City will make following the advice
of our financial advisor. This is needed for securities that are book-entry type items
and no physical delivery to the City is possible.
96-230
A motion was made by Council Member Norquist, seconded by Council
Member Dupee, and carried unanimously to approve the Funds Custody.
Agreement with SunTrust Bank.
Bid Award - Hancock Road Improvements
City Manager Saunders stated that two bids have been received for Hancock Road
repairs, as follows:
Trac Road Builders
I_em Bryant Land Clearing
$23,093.00
$16,512.50
City Manager Saunders stated that a portion of these repairs are required due to
pavement that was disturbed during the construction of our water and sewer lines in
this area. A second part of the job will be to over-lay the intersection of Hancock
Road and Johns Lake Road which was a requirement of Lake County for the open cut
required to extend our lines south to our plant.
96-231
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to award the Hancock Road
repair bid to Leto Bryant Land Clearing for $I6,512.50.
AUDIENCE COMMENTS
Greg Homan and Rick Salantrus presented their initial plans for a day-long theme park
event at the Citrus Tower on December 14 with music, pyrotechnics, and food. They
will request approval for the event at a later meeting.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 24, 1996
Page 13
Council Workshop
Council Members agreed to hold a Council Workshop on Thursday, October 3, 1996
at 6:30 p.m. in the Conference Room at City Hall.
There being no further business or discussion, the meeting adjourned at 8:48 p.m.
Attest:
Robert A. Pool, Mayor